The course examines the regulation of health care in Australia, involves analysis and development of moral and bioethical argument about the development of health law in Australia, and addresses the principal human rights issues which arise in the practice of health care law.

The course begins with an overview of the Australian health system and its constitutional and legislative framework. Emphasis is placed on the concepts of medical ethics, patients' rights and efficiency and safety in health care including healthcare whistleblowing. Particular topics which are covered include: confidentiality, consent, negligence, accountability, health records, expert evidence, research and experimentation, organ donation, emergency treatment, intensive care, abortion, safety and cost effectiveness regulation of pharmaceuticals and new medical technologies, nanomedicine and biotechnology regulation, stem cells and medical research, new reproductive technologies, and death and dying. Consideration is also given to the law relating to mental health and public health, as well as the impact of international trade agreements on access to essential medicines and Australia's health care system.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Describe, discuss and analyse the normative interaction of Australian health law with Australian and international principles of bioethics and international human rights related to contemporary healthcare and health policy;
2. Define, explain, and apply the law of doctor-patient relations, nurse-patient relations, medical professional regulation and public health law;
3. Explain and analyse policy areas such as regulation of new health technologies, illness prevention, impacts of trade agreements on health care and health care economics;
4. Identify, describe and analyse relevant ‘gaps’ in the literature on law and policy matters of health, law, bioethics and human rights and prepare and present work that could be submitted for peer review and possible publication in referred journals - this being a compulsory assessment item;
5. Take on the role of social conscience activist in relation to healthcare issues in the local and international communities, by identifying and summarising issues related to public policy and health and presenting them publicly. There is an opportunity to practice developing this skill in the compulsory op-ed assessment item.

Research-Led Teaching

This course is underpinned by a theoretical approach Prof. Faunce developed in his PhD (now published as ‘Who Owns Our Health?) and has elaborated in over 100 published articles and book chapters (many referenced for the course). Theoretical innovations include Prof. Faunce’s emphasis on university education as a character-building experience in which conscience, mindfulness and contemplation are skills and attributes synergistic with intellectual knowledge; his physics-based approach to natural law, his utilisation of the humanities as normative nurseries, and his critique of social contract theories for justice and equity than don’t include the natural environment or adequately encourage regulation of corporations. Drawing upon his extensive practical experience in the law and in clinical medicine, Prof Faunce will present in LAWS4219 a unique inter-disciplinary exploration of how relevant aspects of medical and legal history, common law, philosophy, legislation, governmental policy, international law and international trade and investment agreements combine to regulate health systems and doctor-patient relationships national and globally.

Required Resources

Required reading will consist of articles posted on the course WATTLE site. Most of these articles have been written by Professor Faunce as the core of the course is presentation and critical analysis of a particular vision of bioethics and international human rights as independent normative systems for conscience-based calibration of health law. Prior to each day students will be expected to log on to LAWS4219 WATTLE site and pre-read brief (1-2 page) excerpts from relevant materials on line and complete a few simple multiple choice questions on that material (no limit on attempts). These materials will be central to the guided analysis role plays and discussions during the day. Students will not be required to read other materials

Recommended Resources

Tom Faunce ‘Who Owns our Health?” (UNSW Press). Keen students would benefit from acquiring and reading this text. Drawing on literature and philosophy from the medical humanities, It takes as its premise the eventual privatisation of all health systems on earth and outlines the consequences and solutions as it analyses each major area of health law.

Tom Faunce 'Split by Sun: The Tragic History of the Sustainocene' Illustrated Climate Fiction novel (World Scientific 2019)- murder mystery exploring issues of liquid democracy, rights of nature, corporate marriage, universal basal income in a future world where all the roads and buildings make clean fuel and food from water, sun and air.

The text Freckleton and Petersen (eds) ‘Tensions and Traumas in Health Law’ is useful for extra detail on contemporary regulatory arrangements about health law in Australia. Students wishing to critique areas of the course against the standard position may find it convenient to consult this text.

Other texts that might be useful to some students include:

• White, McDonald, Willmott (eds) ‘Health Law in Australia’.
• The core journal in the field is the Journal of Law and Medicine published by Law Book Co (Thompson Reuters).

 

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Day 1. Tuesday 9 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Explanation of course structure, assessment. Normative Origins and Intersections of Health Law, Bioethics and International Human Rights. Coherence role of conscience in health law Constitutional basis of health care in Australia- Medicare, Public Hospitals and Pharmaceutical Benefits Scheme (PBS) - Chifley and Whitlam Health and International Human Rights Trade and Investment Agreements and impact on Australian health law and policy Liquid democracy debate- citizen law proposal and voting on impact of new Trade Agreement on Social and Ecosystem Health–	Pre-reading MCQ 150 word summary of the day Nomination for Uqbar Medico-Legal Moot (with ANU Medical Students as expert witnesses in ACT Supreme Court) or Draft Article
2	Day 2. Wednesday 10 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Health Complaints (AHPRA), Professional Misconduct, Clinical Ethics Committees, Healthcare Whistleblowers Children and Health Law: Consent, Special Medical Procedures, Reporting Abuse Doctor-Patient Confidentiality, Privacy, Standard of Clinical Notes, Access to Medical Records Abortion,Wrongful Birth and Wrongful Life Suits Liquid democracy debate- citizen law proposal and voting on financial incentives for whistleblowers on corporate fraud relating to genetic tests in healthcare sector	Pre-reading MCQ 150 word summary of day
3	Day 3. Thursday 11 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Medical Negligence and the Standard of Care Case examples of Medical Negligence Doctor-Patient Relationship and Fiduciary Duty Consent and the Medical Duty to Rescue Consent (criminal law) and Informed Consent (tort law) Liquid democracy debate- citizen proposal and vote on life-time ban on paediatric practise for doctor convicted of accessing child por	Pre-reading MCQ 150 word summary of day
4	Day 4. Friday 12 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Brain Death, Organ Donation, Transplantation, Coronial Inquiries and Capital Punishment Euthanasia, Withdrawing and Withholding Treatment, Advance Directives, No-CPR Orders, Medical Cannabis Time to work on Op-ed and/or draft article and individually discuss with lecturer	Pre-reading MCQ Time to work on Op-ed and/or draft article and individually discuss with lecturer
5	Day 5. Monday 15 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Cloning, Stem Cells, Genetic Testing, Genomics and Patents, Gender Reassignment Surrogacy, IVF and Assisted Reproductive Technology Humanitarian Law and Prevention of War Time to work on Op-ed and/or draft article and individually discuss with lecturer	Pre-reading MCQ Time to work on Op-ed and/or draft article and individually discuss with lecturer
6	Day 6. Tuesday 16 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Healthcare Rationing, Privatisation and Managed Care Medical Research Ethics and Research Misconduct The Pharmaceutical Industry and the TGA Time to work on Op-ed and/or draft article and individually discuss with lecturer	Pre-reading MCQ Time to work on Op-ed and/or draft article and individually discuss with lecturer
7	Day 7. Wednesday 17 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Public Health Law, Vaccination, Quarantine, Biosecurity Nanotechnology and Health Time to work on Op-ed and/or draft article and individually discuss with lecturer	Pre-reading MCQ Time to work on Op-ed and/or draft article and individually discuss with lecturer
8	Day 8. Thursday 18 April 9am-2pm Kambri Marie Reay 3.02 Mindfulness and acknowledgement of country (2min) Mental Health Law Health Tourism Complementary Medicine Global artificial photosynthesis and planetary medicine Time to work on Op-ed and/or draft article and individually discuss with lecturer	Pre-reading MCQ Submit self-assessment form Time to work on Op-ed and/or draft article and individually discuss with lecturer

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Summaries	10 %	18/04/2019	17/06/2019	1,2,3,4,5
Pre-reading multiple choice questions (MCQs)	10 %	22/04/2019	17/06/2019	1,2,3
Op-Ed piece / draft Letter to Health Minister	20 %	29/04/2019	17/06/2019	1,2,3,4,5
Research Paper- draft journal article	60 %	27/05/2019	17/06/2019	1,2,3,4,5
Uqbar Medico-Legal Moot	60 %	27/05/2019	17/06/2019	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

Effective participation requires around 1 hour of focused reading outside of lectures each day. In order to take better advantage of the discussion which will occur in lectures, policy debates you should read the on-line required readings prior to attending class each day. In addition, you should seek to read as much as you can of the recommended reading for the week. Try the mindfulness and prepare your minds to engage with the unexpected across many disciplines.

Assessment Task 1

Summaries

Details of Task: Students are expected to engage in the daily policy debates on Day 1, 2 and 3. Students must submit a summary of each debate (3 summaries in total), and also hand in a self-assessment form.

Nature of Task: Compulsory. Consequence of non submission is a 0 for this task.

Weighting: 10%

Word Limit: 150 words for each summary

Due Date: Summaries of debate the end of each of first three days. Hand in your summaries to the lecturer. Do not load them on turnitin, this is to facilitate ease of marking and return the following day. Self assessment form on last day of course via wattle. Late submissions, without an extension, are not permitted. If students have a documented reason to miss class, they may be excused from submitted a summary.

Estimated return date: Each student will be provided with comments on the hard copy summary the next day and oral feedback on their presentations and written summaries on final day of course. Results back Monday 17 June

Assessment Criteria: This assessment task will be supported by the use of a rubric assessing the following criteria:

• Evidence of having undertaken relevant research and depth of research
• Ability to communicate knowledge & understanding of concepts
• Completion of self-assessment form
• Critical analysis;
• Quality and clarity of argument
• Ability to maintain mindfulness

Assessment Task 2

Pre-reading multiple choice questions (MCQs)

Details of Task: There will be (number of) MCQs. Students must complete the reading and attempt the MCQs before class that day. Approx 3-6 questions per day

Nature of Task: Compulsory. Failure to attempt less than 50% MCQs overall will result in no marks for this assessment item.

Release Date: Ongoing

Due Date: Each day of class before 9.00am. Late submissions (without an extension) will not be permitted.

Weighting: 10%

Estimated Return Date: Immediately through the Wattle Quiz. General feedback on this item will occur on the last day of interactive lectures and marks will be back by 17 June.

Assessment Criteria: MCQs will be evaluated in terms of the following:

·        Nil attempts or less than 50% overall attempted: 0

·        Pass: 50-60% answers correct (5%)

·        Credit 60-70% overall answers correct (6-7%)

·        Distinction 71-80% overall answers correct (8%)

·        High Distinction over 80% overall answers correct (10%)

Assessment Task 3

Op-Ed piece / draft Letter to Health Minister

Details of Task: Purpose is writes a short unreferenced piece on an issue related to the course which is suitable for publishing/communicating. Assistance will be given for students to write these during the course.

Nature of Task: Compulsory. Failure to hand in this assessment item will result in no marks for this assessment item.

Weighting: 20%

Release Date: Students can choose their own topic. There will be opportunities to discuss topics in week 1 of course.

Due Date: Monday 29 April, 9am via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply. Students will have supervised time during the course to progress this item.

Word limit: 1000 words

Estimated return date: Comments and marks will appear on research papers submitted through Turnitin by 17 June.

Assessment Criteria: Draft letters and op-eds will be evaluated in terms of the following criteria:

• Evidence of having undertaken relevant research and depth of research
• Ability to communicate Knowledge & understanding of concepts
• Extent of analysis; are the arguments convincing? Is there an argument sustained in the face of critical analysis?
• Quality and clarity of argument

Assessment Task 4

Research Paper- draft journal article

Details of Task: Students have a choice to do either a Research paper (draft journal article), or a moot. The research paper is to be formatted in the style guide appropriate to a journal where the student might intend to publish. The recommended style guide is for the Australian Journal of Law and Medicine. Time will be given during the course to discuss topics with the lecturer.

Nature of Task: Compulsory unless doing the Moot option. Failure to hand in assignment results in 0 for this assessment option.

Weighting: 60%

Release: Students can choose their own topic. There will be opportunities to discuss topics in week 1 of course.

Word limit: 3000 words

Due date: Monday 27 May 9am via Turnitin. Late submissions (without an extension), will be accepted although late penalties will apply.

Estimated return date: Comments and marks will appear on research papers submitted through Turnitin by 17 June.

Assessment Criteria: Students will be assessed according to the following criteria

• Statement of Research Topic: 10%
• Clear articulation of relevant legal and factual issues concerning topic
• Concise discussion of philosophical / legal principles 10%
• Development of reasoned framework or simple assertion?
• Knowledge and use of correct authorities: 15%
• Key authorities (cases and/or legislation) effectively used?
• Application of Legal and Philosophical principles in reaching reasoned conclusions: 15%
• Evidence of critical analysis or mostly descriptive?
• Organisation, Presentation and Structure: 10%
• Style, grammar and expression, referencing and format acceptable in terms of journal’s style guide

Total: 60%

Assessment Task 5

Uqbar Medico-Legal Moot

Details of Task: The moot option (this is instead of Research paper (draft article)involves preparation of initiating documents (statement of claim or defence with others in your legal team then assisting your expert witness (year 1 medical students) with their witness statements. Students will be assessed on contribution to these documents and on performance in Moot (XM in Chief and rebuttal (3 and 1min) XXM (3min), Address to bench 3min).

Nature of Task: Compulsory unless doing the research paper option. Failure to complete this task (or the research paper/draft article) will result in 0 marks for this task.

Word limit: Statement of claim and defence 2 pages each. 4 witness statements 1 page each. Models are set out in book of prior precedents given to moot students.

Weighting: 60%

Release date: Students nominate in first week of course.

Due date: Moot documents are submitted using Turnitin in the course Wattle site 2 working days prior to moot (ie by COB (5pm) Monday 6 May). The moot will be held 5:00-8pm Thursday 9 May in ACT Supreme Court (before Justice Elkaim and Prof. Faunce).

Estimated return date: Comments and marks will appear on research papers submitted through Turnitin by 17 June.

Assessment Criteria:

Individual contribution to team documents: 20%

• Clear and well researched articulation of relevant legal and factual issues concerning topic

Concise, presentation discussion and critical analysis of philosophical / legal principles in address to bench 10%

• Development of reasoned framework or simple assertion?

Knowledge and use of correct authorities in address to bench: 10%

• Key authorities (cases and/or legislation) effectively used?

Capacity to respond effectively to counter-arguments, to probe creatively in XXM and rebuttal: 10%

• Evidence of critical analysis?

Organisation, Presentation and Structure of XM in Chief 10%

• Style, grammar and expression acceptable

Total 60%

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.

OR

Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students